SPOUSAL SUPPORT PRESUMPTION DIFFERENT FOR ‘SAME-GENDER’ COHABITANTS

It is interesting to note that in California when same-gender couples part their ways, Family Code § 4323(a)(1) imposes a presumption that affects the “burden of proof, of decreased need for spousal support if the supported party is cohabiting with a person of the opposite sex.” What this means is that when a spouse who receives support cohabits with an opposite-sex partner in a relationship, a burden is placed upon that spouse to demonstrate a continued need for spousal support at the same level to which he or she was entitled before cohabiting.

A key understanding here is that section 4223(a)(1) addresses opposite gender spouses only. There is no such presumption where a supported spouse is cohabiting with a same-sex partner. The California legislature still seems to be lagging when it comes to addressing the financial realities of same-gender relationships.